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CASR STRONGLY CONDEMNS THE WITCH HUNTING OF ACTIVIST EHTMAM UL HAQ, NISHANT, DEVDAT SHAKYA AND DEEPAK KUMAR BY NIA IN LUCKNOW CONSPIRACY CASE

QUASH FIR NO. RC-01/2023 NIA LUCKNOW

The Campaign Against State Repression (CASR) strongly condemns the continued actions of the National Investigation Agency (NIA) in the Lucknow Conspiracy Case, including the issuance of notices to four young activists and the arrest of Advocate and anti-displacement activist Ajay Kumar, student and labour rights activist Priyanshu Kashyap, and documentary filmmaker Vishal Singh. More than 40 activists across Uttar Pradesh, Haryana, Delhi, and Punjab have faced coordinated house raids and interrogation.

This sweeping crackdown is not an isolated development. It reflects a growing and disturbing pattern in which the National Investigation Agency has increasingly targeted activists, students, lawyers, intellectuals, and ordinary citizens in the name of combating terrorism.

A Pattern of Criminalising Dissent in the Name of Terrorism

Over the past decade, the NIA has repeatedly invoked stringent anti-terror provisions, particularly under UAPA, against individuals engaged in democratic protest, civil liberties work, and social justice movements. Instead of confining its mandate to genuine threats to national security, the agency has expanded its scope to include dissenting voices.

The trajectory of the present case bears disturbing resemblance to the Bhima Koregaon case, where activists, professors, advocates, poets, and human rights defenders were arrested under sweeping conspiracy allegations. Many of them spent years in prison without trial. Subsequent judicial scrutiny in various stages of the proceedings raised serious questions about the quality of evidence, prolonged incarceration, and procedural fairness.

In several important judgments, courts have cautioned investigative agencies against conflating dissent with terrorism:

The Delhi High Court, while granting bail to student activists in a UAPA case related to the Delhi violence, clearly observed that the line between the constitutionally guaranteed right to protest and terrorist activity must not be blurred.

The Supreme Court of India has, in multiple instances, stressed that the extraordinary powers granted under anti-terror laws require strict scrutiny and careful application. The Court has repeatedly emphasized that prolonged incarceration without trial undermines the fundamental right to liberty.

Despite such judicial warnings, investigative practices continue to reflect overreach—characterized by sweeping raids, seizure of personal materials, vague conspiracy allegations, and long pre-trial detention.

Lucknow Conspiracy Case: Targeting Young Activists

The current notices target:

Advocate Ehtmam Ul Haq – A member of FACAM (Forum Against Corporatisation and Militarisation), with over a decade of activism beginning at Jamia Millia Islamia. He was active in the anti-CAA-NRC protests and faced FIRs during the movement. As an advocate and anti-displacement activist, he has worked on Adivasi rights campaigns and raised concerns about militarised operations affecting indigenous communities. Six months ago, he was subjected to custodial torture and illegal detention for eight days by Delhi Police. The present notice continues a sustained pattern of targeting.

Devdat Shakya – A student activist associated with Bhagat Singh Chhatra Ekta Manch and currently pursuing Masters in Ambedkar University Delhi, active in student and social justice movements for the past five years. He is also facing FIR while campaigning for the release of Delhi University Professor G N saibaba.

Advocate Nishant – A Delhi University law graduate currently practicing at the Delhi High Court, with a long history of student activism and later serving on the editorial board of ‘Nazariya’ magazine.

Deepak Kumar – A human rights activist associated with CASR and former Delhi University student, who has worked extensively for political prisoners. He was part of the Committee for the Defence and Release of G. N. Saibaba.

From Investigation to Implication

The continuous targeting of activists and ordinary citizens under sweeping conspiracy theories. Large-scale coordinated raids across northern states, prolonged interrogations, and attempts to pressure young activists into becoming state witnesses against fellow comrades indicate a strategy of intimidation rather than impartial investigation.

The pattern suggests that the agency is increasingly being used not merely as a National Investigation Agency, but as what many have begun to call a “National Implicating Agency”—implicating individuals through broad allegations instead of establishing guilt through credible, transparent, and time-bound investigation.

When anti-terror laws are invoked against students, lawyers, writers, and grassroots organizers, the effect is chilling: democratic participation becomes risky, and constitutional rights are reduced to paper guarantees.

Defending Democracy and Constitutional Rights

The Constitution guarantees freedom of speech, association, peaceful assembly, and the right to legal defense. The activists targeted in this case have been involved in student organizing, labour rights advocacy, anti-displacement campaigns, and civil liberties work—all protected democratic activities. Criminalizing such work under the banner of national security undermines both democracy and the rule of law.

Our Demands

1. Immediate withdrawal of NIA notices against the four activists.

2. Immediate release of Ajay Kumar, Priyanshu Kashyap, and Vishal Singh.

3. An end to coercive raids, surveillance, and intimidation of activists.

4. Strict judicial oversight over investigations conducted under anti-terror laws.

5. Protection of constitutional rights to dissent and democratic protest.

The Campaign Against State Repression calls upon democratic organizations, civil liberties groups, student unions, workers’ organizations, and concerned citizens to stand united against the criminalization of dissent.

An attack on one is an attack on all.

Campaign Against State Repression (CASR)

Organising Team

(AIRSO,AISF, APCR, ASA, BASF, BSM, Bhim Army, bsCEM, CEM, COLLECTIVE, CRPP, CSM, CTF, DISSC, DSU, DTF, Forum Against Repression Telangana, Fraternity, IAPL, Innocence Network, Karnataka Janashakti, LAA, Mazdoor Adhikar Sangathan, Mazdoor Patrika, NAPM, Nazariya Magazine , Nishant Natya Manch, Nowruz, NTUI, People’s Watch, Rihai Manch, Samajwadi Janparishad, Smajwadi lok manch, Bahujan Samjavadi Mnach, United Peace Alliance, WSS, Y4S)